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Rocket Docket? Federal Court Stats Say D. Haw. is FAST

 

The Federal Judiciary just released its business report for the fiscal year ending September 30, 2014.

Where does the District of Hawaii, conceptually rendered above, stack up?

For civil cases, in terms of median time from filing to trial, D. Haw. has a median time interval of 15.5 months.  The average median time from filing to trial for all district courts was 24.9 months.  Hawaii placed third behind the Eastern District of Virginia's blazing 12.5 months and the Southern District of Florida's 14.6 months.

Hawaii had 667 civil cases in FY2014.  That is nearly three times the District of Alaska, double the District of Idaho, 30% more than the District of Montana and almost as much as the Eastern District of Washington.

For the 649 civil cases terminated in FY2014, 81 were contract, 45 involved real property, 18 were maritime personal injury, 56 involved personal injury, 192 were civil rights actions, 26 were intellectual property and 28 were labor suits.  82 cases were commenced with involving the federal government, either as plaintiff or defendant.  One odd phenomena of Hawaii is the relative dearth of social security litigation. In FY2014, only four social security cases were brought. The District of Idaho had 40.

Hawaii has a good chunk of cases brought by parties not represented by counsel.  For non-prisoner cases, 20% of cases were brought by pro se litigants.

Nationwide, the Federal Judiciary reports:

This fiscal year, filings in the U.S. courts of appeals fell 3 percent to 54,988. Total filings in the U.S. district courts remained stable, rising less than 1 percent to 376,536 as civil case filings increased 4 percent to 295,310, but filings for criminal defendants dropped 11 percent to 81,226. Petitions filed in the U.S. bankruptcy courts decreased 13 percent to 963,739. 

Knowing Your Rights: Honolulu Rail Project and Right of Way Acquisitions

Do you own property along the rail guideway?

Have you received a letter from a City right-of-way agent using terms like "fair market value" and "just compensation"?

Do you know your rights to relocation?

We are going to discuss these questions and more on Thursday, March 5, 2015, from 6:00 - 7:15 p.m. at the Farrington High School Cafeteria.  

Our law firm is hosting an informational session for the community, IN the community to help business owners whose rights or property may be impacted by the rail.  We've invited property owners, businesses, and residents whose rights may be impacted by the Honolulu rail project to join us and learn about the rights of property owners when their property is targeted for acquisition for public transit projects, and how to protect those rights. 

Here's the invite which we sent out:

Hawaii’s Constitution requires “just compensation” and monetary damages be paid if private property is taken for a public use such as the Honolulu rail project. The Honolulu Authority for Rapid Transit has already begun acquiring privately-owned property it needs for the rail corridor from the airport to Ala Moana, as shown in the video below.

Landowners along the rail route have substantial rights that may be impacted. For background and a FAQ on Honolulu's rail project, see Clearing Up Myths About Hawaii Eminent Domain Law and the Rail. More here: All Aboard? Honolulu Rail is Coming.

HART initially attempts to purchase property and other rights needed for the project by negotiation, but in the event it cannot reach an agreement with an owner about the compensation and damages it owes, HART has the authority to force immediate surrender of property by filing an eminent domain lawsuit against the owner, which allows a jury or a judge to determine the property’s value.

Please join Mark Murakami and Robert Thomas for an informational town hall meeting at which we will discuss the rail project, your rights as a property owner under Hawaii’s eminent domain law, and how you can protect your rights during the acquisition process. Here’s the location, date, and time:

• Location:  Farrington High Cafeteria
• Address:   1564 North King Street (free parking)
• Date:         Thursday, March 5, 2015
• Time:        6:00 – 7:15 p.m.

 Topics we will cover will include:

• Can I prevent HART from taking my property?
• What rights do I have if HART wants to enter my property to survey and drill for soil testing?
• The valuation process: how is “just compensation” and damages calculated by the courts?
• HART’s offer does not adequately compensate me – do I have to wait for HART to sue?
• What are my rights as a landlord, a tenant, or a business owner whose property is taken by HART?
• I have a mortgage on my property. Does the lender have any claim?
• What are my rights if HART takes less than 100% of my parcel?
• What does the law require if my home or my business must be relocated as a result of the project?

We have also invited an appraiser to attend to discuss the appraisal process.

We and our law firm currently represent several landowners whose property is targeted by HART for the rail. We have also represented property owners in eminent domain and similar matters for many years. Mark was Best Lawyers' in America's "Best Lawyer of the Year in Eminent Domain and Condemnation Law" for Honolulu in 2013, and Robert shared this designation in 2014. Mark and Robert and their partner Ken Kupchak are listed in Honolulu Magazine's "Best Lawyers in Hawaii" and in Hawaii SuperLawyers in Eminent Domain and Condemnation Law.

While the format of the meeting will not lend itself to individual consultations, there will be a short session after our presentation to respond to general questions. Light refreshments will be provided. We hope you or a representative are able to join us.

To reserve your space, please email your RSVP to me or Mark, or call either of us at (808) 531-8031.

- See more at: http://www.inversecondemnation.com/#sthash.U4FpvQw8.dpuf